Ex Parte Tucker

On petition of LaDonna Lynn Huddleston Tucker, we granted the writ of certiorari in order to review the decision of the Court of Criminal Appeals affirming petitioner's conviction for murder and sentence to life in the penitentiary. We reverse.

The first issue which we address is whether the trial court erred in denying Tucker's motion for a mistrial based on the alleged impropriety of certain comments made by the prosecutor. Tucker contends the disputed comments amount to an impermissible reference to her failure to testify.

During the direct examination of a defense witness, the record shows,…